Ralph G. Fischer has experience in patent, trademark, copyright and unfair competition law including litigation, patent solicitation, licensing, trademark cancellation and opposition proceedings, International Trade Commission investigations, registration of trademarks and copyrights with the United States Customs Service and related exclusion proceedings.
Ralph practices in the fields of patent, trademark, copyright and unfair competition law. His work involves a wide range of technical subjects including mechanical, electrical, electronic, e-commerce, biotech, chemical, metallurgical and computer fields. Ralph has obtained and litigated patents on a variety of products including computers, communication systems, business methods, medical devices, devices and systems used in the minerals industry, kilns, safety products, office furniture, window coverings, luggage, toys and other consumer products.
Ralph also provides mediation, neutral evaluation, and special master services. For example, the United States District Court for the Western District of Pennsylvania has approved him to serve as a mediator and an early neutral evaluator and to be appointed as a special master appointment.
Earlier in his career, Ralph was honored by his peers and selected for inclusion in the Pennsylvania Super Lawyers Rising Stars list from 2013-2019 and was selected as an "Associate to Watch" by Chambers USA. He has since been selected for inclusion in The Best Lawyers in America® consistently since 2019 under the Litigation - Intellectual Property and Patent Law categories.
Examples of Ralph's work include:
- In Leader Development Industrial Corp. v. Intercrown Enterprise, Ltd.(E.D. Tex. Case No. 2:18-cv-00254-JRG), Ralph served as lead counsel for parties accused of infringing a patent related to Venetian blinds and obtained a favorable claim construction ruling (Claim Construction Opinion and Order, Dkt. #75, issued on July 29, 2019). A notice of settlement was filed less than a month after the claim construction ruling was issued. The lawsuit was subsequently dismissed.
- In Zipshade Indus. (B.V.I.) Corp. v. Lowe's Home Ctrs., LLC et al. (C.D. Cal. Case No 2:14-CV-05934-ODW (JC),Ralph served as lead counsel for parties accused of infringing a window covering patent and obtained a favorable claim construction ruling. 2017 BL 219735 (C.D.Cal. June 26, 2017). After claim construction, a stipulation for dismissal of the lawsuit was filed and the lawsuit was subsequently dismissed.
- In Ren Judkins v. HT Window Fashions Corp., (W.D. Pa. Civil Action No. 07-251), Ralph served as trial counsel and appellate counsel for client Ren Judkins. During the representation, a jury verdict of willful infringement of a patent directed to double cell cellular shades and a permanent injunction against the willful infringer, HT Window Fashions Corp., were obtained. 704 F.Supp.2d 470 (W.D.Pa.2010). These rulings were upheld on appeal. 2011 WL 1296161 (Fed. Cir. 2011) (unpublished).
- In Ex Parte Reexamination No. 90/010,443, Ralph served as counsel for a patentee during an ex parte reexamination that resulted in the issuance of a reexamination certificate upholding the validity of the reexamined patent.
- Drafted and prosecuted applications related to electricity generation and power storage. Examples include systems used in electricity generation systems that utilize combustors, steam turbines and related technologies (along with carbon capture technologies that can be utilized to reduce the carbon footprint for such systems) as well as solar systems that utilize solar powered boilers etc.
- Drafted and prosecuted applications related to automated process control systems and distributed control systems (e.g. control systems used to monitor or control electricity production systems as well as other systems such as reverb furnace operations etc.
- Drafting of patent applications and prosecution of patent applications directed to office furniture, window coverings, mineral processing systems, cement manufacturing systems, communication devices, communication systems, medical devices, and safety products.
Inventors, authors, programmers and business managers have sought Ralph's counsel in negotiating and drafting licenses as well as obtaining patents for them. Inventors have also sought Ralph's counsel in negotiating various contracts related to the development of certain consumer products, masonry products, construction products and application software.
Ralph has also handled all types of trademark disputes. He has successfully registered logos, and other trademarks and service marks in the United States Patent and Trademark Office.
Ralph also has experience in opposition and cancellation proceedings. For example, in Opposition No. 91160352, Ralph helped successfully resolve an opposition to obtain registration of a trademark.
While in law school, Ralph was recognized as being one of the top students in the field of intellectual property law. He was awarded the ABA/BNA Intellectual Property Law Student of the Year and was also awarded the Student Leadership Award by the Pittsburgh Intellectual Property Law Association. Ralph was also awarded a Samuelson/Glushko Fellowship. During his fellowship, he wrote "The Expansion of Intellectual Property Rights by International Agreement: A Case Study Comparing Chile and Australia's Bilateral FTA Negotiations With the U.S.," which was published in the Loyola of Los Angeles International and Comparative Law Review. Ralph was also a notes and comments editor of the Journal of Law and Commerce.
University of Pittsburgh School of Law, J.D., 2005, Dean's Scholarship, Pittsburgh Intellectual Property Law Association Student Leadership Award, CALI Excellence for the Future Award for Intellectual Property and Patent Law, ABA/BNA Intellectual Property Law Student of the Year, 2005; Notes and Comments Editor of the Journal of Law and Commerce, Samuelson/Glushko Fellow
Case Western Reserve University, B.S., 2002, Chemical Engineering
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the Northern District of Ohio
- U.S. District Court for the Western District of Pennsylvania
- U.S. Patent and Trademark Office
Allegheny County Bar Association
Pittsburgh Intellectual Property Law Association
Adjunct Professor of Patent Law Practice, University of Pittsburgh Law School
Holy Family Foundation, Board Member
Treasurer, Holy Cross Academy Athletic Association (HCAAA)